Grandfathered Holder definition

Grandfathered Holder means any Person: (i) who, on the date of this Agreement, is the Beneficial Owner of 15% or more of the Company's outstanding Common Stock and (ii) any Affiliate or Associate of any Person who is the Beneficial Owner of 15% or more the Company's outstanding Common Stock on the date of this Agreement; provided, however, that such Person (and that Person's Affiliates and Associates) shall no longer be a Grandfathered Holder and shall then be an Acquiring Person, if such Person (or such Person's Affiliates or Associates) makes an acquisition of shares of the Company's Common Stock such that such Person becomes the Beneficial Owner of 20% or more of the Company's outstanding Common Stock.
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Grandfathered Holder means any Person who or which, together with all Affiliates and Associates of such Person, is the Beneficial Owner, as of the Rights Dividend Declaration Date, of 10% or more of the Common Shares then outstanding (provided that such Person, and its Affiliates and Associates, are shareholders of record of the Common Shares constituting such 10% Beneficial Ownership); provided, however, that any such Person shall cease being a Grandfathered Holder at and after the date on which such Person, together with all Affiliates and Associates, subsequent to the Rights Dividend Declaration Date, either (a) becomes the Beneficial Owner of a percentage of the Common Shares outstanding as of such later date exceeding such Person's percentage Beneficial Ownership of Common Shares outstanding as of the Rights Dividend Declaration Date plus ten percentage points, or (b) becomes the Beneficial Owner of less than 10% of the Common Shares outstanding as of such later date.
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Grandfathered Holder means (1) Mx. Xxxxxx X. Barnhill, Jr. (“Mx. Xxxxxxxx”) and his spouse, (2) all descendents of Mx. Xxxxxxxx, (3) all trusts of which a Person referred to in clauses (1) and (2) is a beneficiary, (4) all trusts of which a Person referred to in the clauses (1) and (2) is acting as sole trustee or as a co-trustee, and (5) all entities in which any one or more of the Persons referred to in clauses (1) through (4) has, directly or indirectly, at least fifty percent (50%) of the total voting power; so long as the Persons referred to in clauses (1) through (5) in the aggregate beneficially own less than 30.0% of the shares of Common Stock then outstanding.
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Related to Grandfathered Holder

  • Grandfathered Stockholder has the meaning set forth in Section 1.1.

  • Grandfathered Person means any Person who or which, together with all Affiliates and Associates of such Person, is, as of the Grandfathered Time, the Beneficial Owner of 15% or more of the shares of Common Stock of the Company then outstanding. Notwithstanding anything to the contrary provided in this Agreement, any Grandfathered Person who after the Grandfathered Time becomes the Beneficial Owner of less than 15% of the shares of Common Stock of the Company then outstanding shall cease to be a Grandfathered Person and shall be subject to all of the provisions of this Agreement in the same manner as any Person who is not and was not a Grandfathered Person.

  • Deceased Holder Not applicable.

  • Grandfathered Service means service which is no longer available for new customers and is limited to the current customer at their current locations with certain provisioning limitations, including but not limited to upgrade denials, feature adds/changes and responsible/billing party.

  • Voting Participant has the meaning specified in Section 10.06(d).

  • Grandfathered Percentage means, with respect to any Grandfathered Person, the percentage of the outstanding shares of Common Stock of the Company that such Grandfathered Person, together with all Affiliates and Associates of such Grandfathered Person, Beneficially Owns as of the Grandfathered Time, plus an additional 1/2%; provided, however, that, in the event any Grandfathered Person shall sell, transfer, or otherwise dispose of any outstanding shares of Common Stock of the Company after the Grandfathered Time, the Grandfathered Percentage shall, subsequent to such sale, transfer or disposition, mean, with respect to such Grandfathered Person, the lesser of (i) the Grandfathered Percentage as in effect immediately prior to such sale, transfer or disposition or (ii) the percentage of outstanding shares of Common Stock of the Company that such Grandfathered Person Beneficially Owns immediately following such sale, transfer or disposition, plus an additional 1/2%.

  • Grandfathered Amounts means, if applicable, the amounts that were deferred under the Plan and were earned and vested within the meaning of Section 409A of the Code and regulations thereunder as of December 31, 2004. Grandfathered Amounts shall be subject to the terms designated in the Adoption Agreement.

  • Non-Key Employee means any Employee who is not a Key Employee.

  • Principal Participant means any of the following entities:

  • LTIP Unitholder means a Partner that holds LTIP Units.

  • Electing Holder means any holder of Registrable Securities that has returned a completed and signed Notice and Questionnaire to the Company in accordance with Section 3(d)(ii) or 3(d)(iii) hereof.

  • Registered Holder means the Person in whose name a Note is registered on the Note Register on the applicable Record Date.

  • Preferred Holder means, with respect to a series of Preferred Units, a Record Holder of such series of Preferred Units.

  • Non-U.S. Participant means any Participant that if it were a Lender would qualify as a Non-U.S. Lender.

  • Disqualified Holder means any holder of shares of stock of the Corporation whose holding of such stock, either individually or when taken together with the holding of shares of stock of the Corporation by any other holders, may result, in the judgment of the Board of Directors, in the loss of, or the failure to secure the reinstatement of, any license or franchise from any governmental agency held by the Corporation or any of its subsidiaries to conduct any portion of the business of the Corporation or any of its subsidiaries.

  • Disabled Participant with respect to a loan if it has no right to exercise any voting or other control rights with respect to such loan (other than the right to approve amendments to the material economic terms of such loan).

  • Former Participant means a person who has been a Participant, but who has ceased to be a Participant for any reason.

  • Permitted Holder means (a) Xxxxxxx X. Xxxxxxx, (b) any of his immediate family members or his or their respective heirs by operation of law, will or intestacy or (c) any trust, corporation, partnership or other entity, the beneficiaries, stockholders, partners, owners or Persons beneficially holding a 50.1% or more controlling interest of which consist of Xxxxxxx X. Xxxxxxx and/or his immediate family members.

  • Optionholder means a person to whom an Option is granted pursuant to the Plan or, if applicable, such other person who holds an outstanding Option.

  • Exchange Participant means (a) the Bank which is a person registered as a China Connect Exchange Participant (as defined in the SEHK China Connect Rules) by SEHK; or (b) where the context requires, any China Connect Exchange Participant (as defined in the SEHK China Connect Rules).

  • Deferred member means a person who elected to receive deferred vested retirement